Senator Cory Booker reintroduced a package of four bills that aim to make the agriculture industry safer and more humane. The Farm System Reform Act would address monopolistic practices in the meatpacking industry, place a moratorium on concentrated animal feeding operations, and restore mandatory country-of-origin labeling requirements; the Industrial Agriculture Accountability Act would end line-speed increases, prohibit the slaughter of downed animals, and require more humane treatment of livestock during long-haul transport; the Protecting America’s Meatpacking Workers Act would institute systemic reforms to improve worker safety and fair labor standards for meatpacking workers and ensure worker access to remedies regardless of citizenship; and the Protect America’s Children from Toxic Pesticides Act would ban the use of certain pesticides that have been proven harmful to people and the environment. The bills have not yet been assigned numbers or referred to committees.
This Week's Spotlights
Legislative Spotlights - Pending Federal Actions
Bills Aim to Make Industrial Agriculture Safer for Workers and More Humane for Animals
Legislative Spotlights - Pending State Actions
Illinois Bill Would Ban Declawing
Illinois House Bill 1533 would prohibit declawing cats for non-therapeutic reasons. The bill has been referred to the House Rules Committee.
Illinois House Bill 1533 would prohibit declawing cats for non-therapeutic reasons. The bill has been referred to the House Rules Committee.
Missouri Bill Would Prohibit Localities from Banning Declawing, Debarking, or Other Veterinary Procedures
Missouri Senate Bill 115 would prohibit localities from enacting or enforcing ordinances that prohibit or restrict declawing, debarking, or other veterinary procedures. The bill was referred to the Senate Committee on Agriculture, Food Production and Outdoor Resources, and the Committee returned it to the full Senate with approval on February 7, 2023.
Missouri Senate Bill 115 would prohibit localities from enacting or enforcing ordinances that prohibit or restrict declawing, debarking, or other veterinary procedures. The bill was referred to the Senate Committee on Agriculture, Food Production and Outdoor Resources, and the Committee returned it to the full Senate with approval on February 7, 2023.
Washington Bill Would Ban Octopus Aquaculture
Washington House Bill 1153 would ban octopus aquaculture in Washington state. The bill was referred to the House Committee on Agriculture and Natural Resources and is scheduled for a hearing at 8:00 a.m. on February 8, 2023.
Washington House Bill 1153 would ban octopus aquaculture in Washington state. The bill was referred to the House Committee on Agriculture and Natural Resources and is scheduled for a hearing at 8:00 a.m. on February 8, 2023.
Illinois Bill Would Create a Dangerous Dog Registry and Searchable Map of Dangerous Dog Locations
Illinois Senate Bill 206 would establish a “Dangerous Dog Registry” and a publicly-searchable statewide map of dangerous dog locations, and would impose additional requirements on owners of dogs deemed dangerous or vicious. The bill has been referred to the Senate Committee on Assignments.
Illinois Senate Bill 206 would establish a “Dangerous Dog Registry” and a publicly-searchable statewide map of dangerous dog locations, and would impose additional requirements on owners of dogs deemed dangerous or vicious. The bill has been referred to the Senate Committee on Assignments.
Iowa Bills Would Place Moratorium on Construction of New CAFOs
Iowa House File 164 and Senate File 124 would establish a moratorium on construction or expansion of concentrated animal feeding operations (CAFOs), including those that are only partially roofed. The bill has been referred to the House Agriculture Committee.
Iowa House File 164 and Senate File 124 would establish a moratorium on construction or expansion of concentrated animal feeding operations (CAFOs), including those that are only partially roofed. The bill has been referred to the House Agriculture Committee.
New Mexico Bill Would Allow Adoption of Free-Roaming Horses and Prohibit Export for Slaughter
New Mexico Senate Bill 301 would prohibit the slaughter or export for slaughter of free-roaming horses and would allow fertility control, relocation, and adoption of free-roaming horses. The bill has not yet been assigned to a committee.
New Mexico Senate Bill 301 would prohibit the slaughter or export for slaughter of free-roaming horses and would allow fertility control, relocation, and adoption of free-roaming horses. The bill has not yet been assigned to a committee.
New York Bill Would Ban Wildlife Hunting Competitions
New York Assembly Bill 2917 would prohibit wildlife hunting contests, competitions, tournaments, or derbies. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Assembly Bill 2917 would prohibit wildlife hunting contests, competitions, tournaments, or derbies. The bill has been referred to the Assembly Committee on Environmental Conservation.
Washington Bill Would Ban Fur Sales
Washington Senate Bill 5654 would ban the sale of fur products in the state. The bill has been referred to the Senate Committee on Agriculture, Water, Natural Resources, and Parks.
Washington Senate Bill 5654 would ban the sale of fur products in the state. The bill has been referred to the Senate Committee on Agriculture, Water, Natural Resources, and Parks.
Montana Bill Would Allow the Use of Snares to Trap Wolves
Montana LC 3410 would allow the use of snares to trap wolves outside of grizzly bear recovery zones and lynx protection zones. The bill has not yet been assigned to a committee.
Montana LC 3410 would allow the use of snares to trap wolves outside of grizzly bear recovery zones and lynx protection zones. The bill has not yet been assigned to a committee.
Case Law Spotlights - Federal Court
Fifth Circuit Will Hear Tofurky Case Oral Arguments
Tofurky's battle against state laws aimed at preventing plant-based or cultivated foods from containing "meat" on labeling was scheduled for oral argument in the U.S. Court of Appeals for the Fifth Circuit on February 7, 2023, after a federal judge found in March 2022 that Louisiana’s “Truth in Labeling of Food Products Act” unconstitutionally limits commercial speech because the food descriptions at issue are not misleading. Louisiana is arguing on appeal that the law does not violate the First Amendment because it only prohibits misleading commercial speech, which governments are allowed to do.
Tofurky's battle against state laws aimed at preventing plant-based or cultivated foods from containing "meat" on labeling was scheduled for oral argument in the U.S. Court of Appeals for the Fifth Circuit on February 7, 2023, after a federal judge found in March 2022 that Louisiana’s “Truth in Labeling of Food Products Act” unconstitutionally limits commercial speech because the food descriptions at issue are not misleading. Louisiana is arguing on appeal that the law does not violate the First Amendment because it only prohibits misleading commercial speech, which governments are allowed to do.
Agency Spotlights
FWS One Step Closer to Delisting Two Distinct Grizzly Bear Populations
The U.S. Fish & Wildlife Service (FWS) announced its preliminary findings that delisting grizzly bears in the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE) may be warranted and is commencing a comprehensive 12-month status review. FWS is soliciting scientific, commercial, and other data relating to the NCDE and GYE distinct populations of grizzly bears that it should consider in formulating its final determination. The Montana legislature already is considering a bill that would allow trophy hunting of grizzly bears if FWS finalizes the delisting proposal.
The U.S. Fish & Wildlife Service (FWS) announced its preliminary findings that delisting grizzly bears in the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE) may be warranted and is commencing a comprehensive 12-month status review. FWS is soliciting scientific, commercial, and other data relating to the NCDE and GYE distinct populations of grizzly bears that it should consider in formulating its final determination. The Montana legislature already is considering a bill that would allow trophy hunting of grizzly bears if FWS finalizes the delisting proposal.
Legislative Updates
Pending Federal Actions
Bills Would Reduce Food Waste and Methane Emissions
The Zero Food Waste Act and the Cultivating Organic Matter through the Promotion of Sustainable Techniques (COMPOST) Act would help lessen the estimated $408 billion spent on food that ultimately is wasted and also help lower methane emissions. The bills aim to reduce 50% of food waste by 2030 and would establish grant and loan programs for composting facilities. The bills were introduced by Senators Cory Booker and Tina Smith, and Representatives Julia Brownley, Ann McLane Kuster, and Chellie Pingree. They have not yet been assigned numbers or referred to committees.
The Zero Food Waste Act and the Cultivating Organic Matter through the Promotion of Sustainable Techniques (COMPOST) Act would help lessen the estimated $408 billion spent on food that ultimately is wasted and also help lower methane emissions. The bills aim to reduce 50% of food waste by 2030 and would establish grant and loan programs for composting facilities. The bills were introduced by Senators Cory Booker and Tina Smith, and Representatives Julia Brownley, Ann McLane Kuster, and Chellie Pingree. They have not yet been assigned numbers or referred to committees.
Bill Would Prevent Certain Countries from Acquiring Ownership Interests in U.S. Agriculture Land and Companies
The Promoting Agriculture Safeguards and Security (PASS) Act would amend the Defense Production Act of 1950 in multiple ways aimed at preventing foreign control of U.S. agriculture land and companies. The bill would:
- Prohibit China, Russia, Iran, and North Korea from purchasing U.S. agricultural land and agricultural companies;
- Add the Secretary of Agriculture as a standing member of the Committee on Foreign Investment in the United States to consider agriculture needs when making determinations affecting our national security;
- Require the President to submit a report to Congress on any waiver granted to a prohibited country; and
- Require reporting from the Secretary of Agriculture on the risk of foreign purchases of agriculture companies to the American agriculture sector.
The bill was introduced by Representatives Elise Stefanik, Jim Costa, Rick Crawford, and Senators John Tester and Mike Rounds. It has not yet been assigned a bill number or referred to a committee.
The Promoting Agriculture Safeguards and Security (PASS) Act would amend the Defense Production Act of 1950 in multiple ways aimed at preventing foreign control of U.S. agriculture land and companies. The bill would:
- Prohibit China, Russia, Iran, and North Korea from purchasing U.S. agricultural land and agricultural companies;
- Add the Secretary of Agriculture as a standing member of the Committee on Foreign Investment in the United States to consider agriculture needs when making determinations affecting our national security;
- Require the President to submit a report to Congress on any waiver granted to a prohibited country; and
- Require reporting from the Secretary of Agriculture on the risk of foreign purchases of agriculture companies to the American agriculture sector.
The bill was introduced by Representatives Elise Stefanik, Jim Costa, Rick Crawford, and Senators John Tester and Mike Rounds. It has not yet been assigned a bill number or referred to a committee.
Bills Aim to Make Industrial Agriculture Safer for Workers and More Humane for Animals
Senator Cory Booker reintroduced a package of four bills that aim to make the agriculture industry safer and more humane. The Farm System Reform Act would address monopolistic practices in the meatpacking industry, place a moratorium on concentrated animal feeding operations, and restore mandatory country-of-origin labeling requirements; the Industrial Agriculture Accountability Act would end line-speed increases, prohibit the slaughter of downed animals, and require more humane treatment of livestock during long-haul transport; the Protecting America’s Meatpacking Workers Act would institute systemic reforms to improve worker safety and fair labor standards for meatpacking workers and ensure worker access to remedies regardless of citizenship; and the Protect America’s Children from Toxic Pesticides Act would ban the use of certain pesticides that have been proven harmful to people and the environment. The bills have not yet been assigned numbers or referred to committees.
Senator Cory Booker reintroduced a package of four bills that aim to make the agriculture industry safer and more humane. The Farm System Reform Act would address monopolistic practices in the meatpacking industry, place a moratorium on concentrated animal feeding operations, and restore mandatory country-of-origin labeling requirements; the Industrial Agriculture Accountability Act would end line-speed increases, prohibit the slaughter of downed animals, and require more humane treatment of livestock during long-haul transport; the Protecting America’s Meatpacking Workers Act would institute systemic reforms to improve worker safety and fair labor standards for meatpacking workers and ensure worker access to remedies regardless of citizenship; and the Protect America’s Children from Toxic Pesticides Act would ban the use of certain pesticides that have been proven harmful to people and the environment. The bills have not yet been assigned numbers or referred to committees.
Bill Would Mandate Schools Participating in the National School Lunch Program to Offer Flavored Dairy Milk Options
The Protecting School Milk Choices Act of 2023 would amend the Richard B. Russell National School Lunch Act by requiring schools participating in the National School Lunch Program to offer students at least one flavored dairy milk option. The bill appears to be an attempt to counter concerns about providing high-sugar flavored milks in New York City schools. The bill has been introduced by Representative Elise Stefanik and has not yet been assigned a number or referred to a committee.
The Protecting School Milk Choices Act of 2023 would amend the Richard B. Russell National School Lunch Act by requiring schools participating in the National School Lunch Program to offer students at least one flavored dairy milk option. The bill appears to be an attempt to counter concerns about providing high-sugar flavored milks in New York City schools. The bill has been introduced by Representative Elise Stefanik and has not yet been assigned a number or referred to a committee.
Pending State Actions
Illinois Bill Would Ban Declawing
Illinois House Bill 1533 would prohibit declawing cats for non-therapeutic reasons. The bill has been referred to the House Rules Committee.
Illinois House Bill 1533 would prohibit declawing cats for non-therapeutic reasons. The bill has been referred to the House Rules Committee.
Missouri Bill Would Prohibit Localities from Banning Declawing, Debarking, or Other Veterinary Procedures
Missouri Senate Bill 115 would prohibit localities from enacting or enforcing ordinances that prohibit or restrict declawing, debarking, or other veterinary procedures. The bill was referred to the Senate Committee on Agriculture, Food Production and Outdoor Resources, and the Committee returned it to the full Senate with approval on February 7, 2023.
Missouri Senate Bill 115 would prohibit localities from enacting or enforcing ordinances that prohibit or restrict declawing, debarking, or other veterinary procedures. The bill was referred to the Senate Committee on Agriculture, Food Production and Outdoor Resources, and the Committee returned it to the full Senate with approval on February 7, 2023.
Washington Bill Would Ban Octopus Aquaculture
Washington House Bill 1153 would ban octopus aquaculture in Washington state. The bill was referred to the House Committee on Agriculture and Natural Resources and is scheduled for a hearing at 8:00 a.m. on February 8, 2023.
Washington House Bill 1153 would ban octopus aquaculture in Washington state. The bill was referred to the House Committee on Agriculture and Natural Resources and is scheduled for a hearing at 8:00 a.m. on February 8, 2023.
Illinois Bill Would Create a Dangerous Dog Registry and Searchable Map of Dangerous Dog Locations
Illinois Senate Bill 206 would establish a “Dangerous Dog Registry” and a publicly-searchable statewide map of dangerous dog locations, and would impose additional requirements on owners of dogs deemed dangerous or vicious. The bill has been referred to the Senate Committee on Assignments.
Illinois Senate Bill 206 would establish a “Dangerous Dog Registry” and a publicly-searchable statewide map of dangerous dog locations, and would impose additional requirements on owners of dogs deemed dangerous or vicious. The bill has been referred to the Senate Committee on Assignments.
Iowa Bill Would Expand Use of Bow Season Deer Hunting Licenses
Iowa Senate File 175 would provide individuals with a bow season deer hunting license who have unfilled tags at the end of the season may also use a crossbow during the January antlerless deer hunting season. The bill has been referred to the Senate Committee on Natural Resources and Environment.
Iowa Senate File 175 would provide individuals with a bow season deer hunting license who have unfilled tags at the end of the season may also use a crossbow during the January antlerless deer hunting season. The bill has been referred to the Senate Committee on Natural Resources and Environment.
New Mexico Bill Would Set Aside Funds to Aid Domestic Violence Victims and their Animals
New Mexico Senate Bill 291 would appropriate $350,000 from the state’s general fund to support victims of domestic violence and their companion animals. The bill has not yet been assigned to a committee
New Mexico Senate Bill 291 would appropriate $350,000 from the state’s general fund to support victims of domestic violence and their companion animals. The bill has not yet been assigned to a committee
New York Bill Would Expand Upon Animal Fighting-Related Crimes
New York Senate Bill 3431 would expand upon the criminal prohibitions and penalties relating to animal fighting. The bill has been referred to the Senate Committee on Agriculture.
New York Senate Bill 3431 would expand upon the criminal prohibitions and penalties relating to animal fighting. The bill has been referred to the Senate Committee on Agriculture.
New York Bill Would Help Prevent Abandonment of Animals in Vacant Properties
New York Assembly Bill 2881 would establish procedures to help ensure that animals are not left in abandoned or vacant properties. The bill has been referred to the Assembly Committee on Agriculture.
New York Assembly Bill 2881 would establish procedures to help ensure that animals are not left in abandoned or vacant properties. The bill has been referred to the Assembly Committee on Agriculture.
Tennessee Bill Would Allow Use of Deadly Force on Bears in Certain Situations
Tennessee would allow the use of deadly force on bears who enter a person’s property if the individual has a reasonable belief that the bear has created an “imminent danger of death or serious bodily injury.” The bill has not yet been assigned to a committee.
Tennessee would allow the use of deadly force on bears who enter a person’s property if the individual has a reasonable belief that the bear has created an “imminent danger of death or serious bodily injury.” The bill has not yet been assigned to a committee.
California Bill Would Enhance Existing Animal Testing Prohibitions
California Assembly Bill 357 would strengthen existing state prohibitions, and minimize exemptions, to the existing state prohibitions on animal testing. The bill has not yet been assigned to a committee.
California Assembly Bill 357 would strengthen existing state prohibitions, and minimize exemptions, to the existing state prohibitions on animal testing. The bill has not yet been assigned to a committee.
Connecticut Bill Would Broaden Protections for Police Animals
Connecticut Senate Bill 932 would provide enhanced protections for police animals. The bill has been referred to the Joint Committee on Public Safety and Security.
Connecticut Senate Bill 932 would provide enhanced protections for police animals. The bill has been referred to the Joint Committee on Public Safety and Security.
Iowa Bills Would Place Moratorium on Construction of New CAFOs
Iowa House File 164 and Senate File 124 would establish a moratorium on construction or expansion of concentrated animal feeding operations (CAFOs), including those that are only partially roofed. The bill has been referred to the House Agriculture Committee.
Iowa House File 164 and Senate File 124 would establish a moratorium on construction or expansion of concentrated animal feeding operations (CAFOs), including those that are only partially roofed. The bill has been referred to the House Agriculture Committee.
Iowa Bill Would Add Restrictions on Hunting and Trapping Black Bears
Iowa House File 175 would include black bears in the definition of “fur bearing animal” and only allow the hunting and trapping of black bears with a fur-harvester license. Any other persons who unlawfully “takes” black bears would be subject to s $2,500 fine and seizure of the animal. This bill is a successor bill to the previously introduced House File 89 which would have designated black bears as a game animal and allowed a hunting season. The bill has not yet been assigned to a committee.
Iowa House File 175 would include black bears in the definition of “fur bearing animal” and only allow the hunting and trapping of black bears with a fur-harvester license. Any other persons who unlawfully “takes” black bears would be subject to s $2,500 fine and seizure of the animal. This bill is a successor bill to the previously introduced House File 89 which would have designated black bears as a game animal and allowed a hunting season. The bill has not yet been assigned to a committee.
Maryland Bill Would Make Technical Changes to Reporting Requirements for Use of Antibiotics in Animal Agriculture
Maryland House Bill 516 would make technical changes to the reporting requirements for use of antimicrobial drugs in cattle, swine, and poultry. The bill has been assigned to the House Committee on Environment and Transportation.
Maryland House Bill 516 would make technical changes to the reporting requirements for use of antimicrobial drugs in cattle, swine, and poultry. The bill has been assigned to the House Committee on Environment and Transportation.
Michigan Bill Would Establish Civil Penalty for Violations of Certain Deer Harvesting Requirements
Michigan Senate Bill 46 would establish a $150 civil penalty for violations of state requirements for reporting deer harvesting or retention of a deer harvest confirmation number. The bill has been referred to the Senate Committee on Natural Resources and Agriculture.
Michigan Senate Bill 46 would establish a $150 civil penalty for violations of state requirements for reporting deer harvesting or retention of a deer harvest confirmation number. The bill has been referred to the Senate Committee on Natural Resources and Agriculture.
New Mexico Bill Would Allow Adoption of Free-Roaming Horses and Prohibit Export for Slaughter
New Mexico Senate Bill 301 would prohibit the slaughter or export for slaughter of free-roaming horses and would allow fertility control, relocation, and adoption of free-roaming horses. The bill has not yet been assigned to a committee.
New Mexico Senate Bill 301 would prohibit the slaughter or export for slaughter of free-roaming horses and would allow fertility control, relocation, and adoption of free-roaming horses. The bill has not yet been assigned to a committee.
New York Bill Would Facilitate Animal Shelter Donations on Dog Licensing Applications
New York Assembly Bill 2976 would insert a provision in dog licensing applications to allow owners to include a donation to a municipal animal shelter. The bill has not yet been assigned to a committee.
New York Assembly Bill 2976 would insert a provision in dog licensing applications to allow owners to include a donation to a municipal animal shelter. The bill has not yet been assigned to a committee.
New York Bill Would Better Regulate the Veterinary Pet Insurance Industry
New York Senate Bill 3570 would establish greater oversight of the veterinary pet insurance industry. The bill has been referred to the Senate Insurance Company.
New York Senate Bill 3570 would establish greater oversight of the veterinary pet insurance industry. The bill has been referred to the Senate Insurance Company.
New York Bill Would Ban Wildlife Hunting Competitions
New York Assembly Bill 2917 would prohibit wildlife hunting contests, competitions, tournaments, or derbies. The bill has been referred to the Assembly Committee on Environmental Conservation.
New York Assembly Bill 2917 would prohibit wildlife hunting contests, competitions, tournaments, or derbies. The bill has been referred to the Assembly Committee on Environmental Conservation.
South Dakota Bill Would Amend Documentation Requirements for Emotional Support Animals in Rental Dwelling Units
South Dakota House Bill 1218 would amend existing requirements for submission of documentation for tenants with emotional support animals. The bill has been referred to the House Committee on Commerce and Energy.
South Dakota House Bill 1218 would amend existing requirements for submission of documentation for tenants with emotional support animals. The bill has been referred to the House Committee on Commerce and Energy.
Utah Bill Would Establish Greater Oversight of Commercial Dog Breeders and Animal Facilities
Utah House Bill 359 would require the state’s Department of Agriculture and Food to regulate commercial dog breeders and animal rescues, sanctuaries, and shelters through respective permitting and licensing programs. The bill has been referred to the House Rules Committee.
Utah House Bill 359 would require the state’s Department of Agriculture and Food to regulate commercial dog breeders and animal rescues, sanctuaries, and shelters through respective permitting and licensing programs. The bill has been referred to the House Rules Committee.
Washington Bill Would Ban Fur Sales
Washington Senate Bill 5654 would ban the sale of fur products in the state. The bill has been referred to the Senate Committee on Agriculture, Water, Natural Resources, and Parks.
Washington Senate Bill 5654 would ban the sale of fur products in the state. The bill has been referred to the Senate Committee on Agriculture, Water, Natural Resources, and Parks.
Washington Bill Would Give State Flexibility to Collaborate with Local Governments on Wolf Management
Washington House Bill 1698 would provide flexibility for the Department of Fish and Wildlife to collaborate with local governments to manage gray wolves in order to maintain recovery goals. The bill has been referred to the House Committee on Agriculture and Natural Resources and is scheduled for a hearing at 8:00 a.m. on February 8, 2023.
Washington House Bill 1698 would provide flexibility for the Department of Fish and Wildlife to collaborate with local governments to manage gray wolves in order to maintain recovery goals. The bill has been referred to the House Committee on Agriculture and Natural Resources and is scheduled for a hearing at 8:00 a.m. on February 8, 2023.
California Bill Would Streamline Registration Requirements for Organic Food Producers
California Assembly Bill 405 would create an online registration program for producers of organic products intended for human consumption. The bill has not yet been assigned to a committee.
California Assembly Bill 405 would create an online registration program for producers of organic products intended for human consumption. The bill has not yet been assigned to a committee.
Georgia Bill Would Expand Criminal Prohibitions and Penalties Relating to Animal Fighting
Georgia House Bill 217 would broaden existing criminal prohibitions relating to animal fighting and strengthen available criminal penalties. The bill has not yet been assigned to a committee.
Georgia House Bill 217 would broaden existing criminal prohibitions relating to animal fighting and strengthen available criminal penalties. The bill has not yet been assigned to a committee.
Illinois Bill Would Clarify Definition of “Dog Dealer”
Illinois Senate Bill 1230 would clarify that a "dog dealer" does not include a person who sells dogs at retail to the public, and that a person who sells dogs at retail to the public shall not be considered an animal shelter under the state’s Animal Welfare Act. This bill is part of ongoing legislative back and forth in the wake of Illinois unanimously enacting the Humane Pet Store Bill in 2021 banning the retail sale of commercially bred cats and dogs.
Illinois Senate Bill 1230 would clarify that a "dog dealer" does not include a person who sells dogs at retail to the public, and that a person who sells dogs at retail to the public shall not be considered an animal shelter under the state’s Animal Welfare Act. This bill is part of ongoing legislative back and forth in the wake of Illinois unanimously enacting the Humane Pet Store Bill in 2021 banning the retail sale of commercially bred cats and dogs.
Minnesota Bill Would Establish Companion Animal Board to Promote Animal Welfare
Minnesota Senate File 1136 would establish a “Companion Animal Board” to promote the welfare of cats, dogs, and other companion animals and empower the board to promulgate rules to carry out its functions. The bill has been referred to the Senate Committee on Agriculture, Broadband, and Rural Development.
Minnesota Senate File 1136 would establish a “Companion Animal Board” to promote the welfare of cats, dogs, and other companion animals and empower the board to promulgate rules to carry out its functions. The bill has been referred to the Senate Committee on Agriculture, Broadband, and Rural Development.
Minnesota Bill Would Specify Tax Exemptions for Animal Shelters
Minnesota Senate File 1139 would establish certain tax exemptions for animal shelters. The bill has been referred to the Senate Committee on Taxes.
Minnesota Senate File 1139 would establish certain tax exemptions for animal shelters. The bill has been referred to the Senate Committee on Taxes.
Montana Bill Would Allow the Use of Snares to Trap Wolves
Montana LC 3410 would allow the use of snares to trap wolves outside of grizzly bear recovery zones and lynx protection zones. The bill has not yet been assigned to a committee.
Montana LC 3410 would allow the use of snares to trap wolves outside of grizzly bear recovery zones and lynx protection zones. The bill has not yet been assigned to a committee.
Arizona Bill Would Guarantee Right of Individuals Experiencing Homelessness to Enter Shelters with Service Animals
Arizona House Bill 2568 would establish a “Homeless persons’ bill of rights,” including the right to enter a homeless shelter with a service animal. The bill has not yet been assigned to a committee.
Arizona House Bill 2568 would establish a “Homeless persons’ bill of rights,” including the right to enter a homeless shelter with a service animal. The bill has not yet been assigned to a committee.
Case Law Updates
Federal Court Updates
Reptile Trafficker Sentenced to Federal Prison
Canadian Ka Yeung Marvin Chan was sentenced to fourteen months in federal prison in connection with his role in a conspiracy to traffic CITES-protected reptiles, including ball pythons, blood pythons, common tegus, Argentine tegus, and iguanas, from the United States to Asia. Chan and his co-conspirators periodically traveled to the United States to purchase the reptiles and export them with fraudulent paperwork. Over a seven-year period, the conspirators smuggled tens of thousands of animals, including $5.13 million in protected species.
Canadian Ka Yeung Marvin Chan was sentenced to fourteen months in federal prison in connection with his role in a conspiracy to traffic CITES-protected reptiles, including ball pythons, blood pythons, common tegus, Argentine tegus, and iguanas, from the United States to Asia. Chan and his co-conspirators periodically traveled to the United States to purchase the reptiles and export them with fraudulent paperwork. Over a seven-year period, the conspirators smuggled tens of thousands of animals, including $5.13 million in protected species.
Conservationists Sue FWS to Protect Montana Population of Imperiled Fish
Center for Biological Diversity, Western Watersheds Project, and Montana Tech University Professor Pat Munday sued the U.S. Fish and Wildlife Service (FWS) seeking protections for Montana’s Arctic grayling population under the Endangered Species Act. Plaintiffs are seeking declaratory judgment and injunctive relief and are represented by Earthjustice. The case was filed in the U.S. District Court for the District of Montana, Butte Division.
Center for Biological Diversity, Western Watersheds Project, and Montana Tech University Professor Pat Munday sued the U.S. Fish and Wildlife Service (FWS) seeking protections for Montana’s Arctic grayling population under the Endangered Species Act. Plaintiffs are seeking declaratory judgment and injunctive relief and are represented by Earthjustice. The case was filed in the U.S. District Court for the District of Montana, Butte Division.
Conservation Groups Sue FWS to Achieve Stronger ESA Protections for the Streak Horned Lark
The Center for Biological Diversity and the Audubon Society of Portland sued the U.S. Fish & Wildlife Service (FWS) to protect streaked horned larks as endangered. The lawsuit challenges FWS’ April 2022 decision to list streaked horned larks as threatened instead of endangered. The complaint argues that the lesser protections would exempt agricultural activities, a leading threat to the species, from Endangered Species Act safeguards. Plaintiffs are seeking declaratory judgment and remand of the April 2022 listing decision for a new final listing determination. The case was filed in the U.S. District Court for the District of Oregon, Portland Division.
The Center for Biological Diversity and the Audubon Society of Portland sued the U.S. Fish & Wildlife Service (FWS) to protect streaked horned larks as endangered. The lawsuit challenges FWS’ April 2022 decision to list streaked horned larks as threatened instead of endangered. The complaint argues that the lesser protections would exempt agricultural activities, a leading threat to the species, from Endangered Species Act safeguards. Plaintiffs are seeking declaratory judgment and remand of the April 2022 listing decision for a new final listing determination. The case was filed in the U.S. District Court for the District of Oregon, Portland Division.
Fifth Circuit Will Hear Tofurky Case Oral Arguments
Tofurky's battle against state laws aimed at preventing plant-based or cultivated foods from containing "meat" on labeling was scheduled for oral argument in the U.S. Court of Appeals for the Fifth Circuit on February 7, 2023, after a federal judge found in March 2022 that Louisiana’s “Truth in Labeling of Food Products Act” unconstitutionally limits commercial speech because the food descriptions at issue are not misleading. Louisiana is arguing on appeal that the law does not violate the First Amendment because it only prohibits misleading commercial speech, which governments are allowed to do.
Tofurky's battle against state laws aimed at preventing plant-based or cultivated foods from containing "meat" on labeling was scheduled for oral argument in the U.S. Court of Appeals for the Fifth Circuit on February 7, 2023, after a federal judge found in March 2022 that Louisiana’s “Truth in Labeling of Food Products Act” unconstitutionally limits commercial speech because the food descriptions at issue are not misleading. Louisiana is arguing on appeal that the law does not violate the First Amendment because it only prohibits misleading commercial speech, which governments are allowed to do.
State Court Updates
Complaint Seeks Criminal Liability for Pennsylvania Turkey Producer whose Workers Routinely Abused Animals
Animal Equality and Animal Partisan filed a criminal complaint against major turkey producer Plainville Farms following the release of undercover video footage of Plainville Farms workers routinely beating and choking turkeys while loading them onto trucks headed for slaughterhouses. Eleven workers already are facing dozens of felony and misdemeanor cruelty charges, but the instant complaint filed in Adams County, Pennsylvania alleges that Plainville Farms also should be held criminally liable.
Animal Equality and Animal Partisan filed a criminal complaint against major turkey producer Plainville Farms following the release of undercover video footage of Plainville Farms workers routinely beating and choking turkeys while loading them onto trucks headed for slaughterhouses. Eleven workers already are facing dozens of felony and misdemeanor cruelty charges, but the instant complaint filed in Adams County, Pennsylvania alleges that Plainville Farms also should be held criminally liable.
Agency Updates
FSIS Announces Recall of Sausage Products Due to Possible Listeria Contamination
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced the recall of approximately 69,255 pounds of ready-to-eat sausage products after a routine inspection found Listeria monocytogenes on surfaces with which the products had contact. The sausages were produced by Rhode Island-based Daniele International, LLC and shipped to retail locations nationwide.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced the recall of approximately 69,255 pounds of ready-to-eat sausage products after a routine inspection found Listeria monocytogenes on surfaces with which the products had contact. The sausages were produced by Rhode Island-based Daniele International, LLC and shipped to retail locations nationwide.
APHIS Seeks Public Comments on Proposed Swine Import-Related Information Collection
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced a proposed extension of and revision to an information collection associated with the regulations for the importation of live swine, pork, and pork products from certain regions in order to prevent introduction of classical swine fever into the United States. APHIS will accept comments on the proposed information collection through March 31, 2023.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced a proposed extension of and revision to an information collection associated with the regulations for the importation of live swine, pork, and pork products from certain regions in order to prevent introduction of classical swine fever into the United States. APHIS will accept comments on the proposed information collection through March 31, 2023.
FWS Opens Public Comment Period on 2023-24 Migratory Game Bird Hunting Frameworks
The U.S. Fish & Wildlife Service (FWS) published notice of its intent to establish the 2023-24 hunting regulations for certain migratory game birds. FWS is accepting public comments on the proposed frameworks through March 1, 2023.
The U.S. Fish & Wildlife Service (FWS) published notice of its intent to establish the 2023-24 hunting regulations for certain migratory game birds. FWS is accepting public comments on the proposed frameworks through March 1, 2023.
FDA Commissioner Proposes Improvements to the Agency’s Food Safety Program
U.S. Food and Drug Administration (FDA) Commissioner Dr. Robert Califf announced changes to the agency's food safety program following a review that found the agency's current program lacks clear leadership. The changes include establishment of a deputy commissioner for human foods, who will report directly to the commissioner and will lead a human foods program. Under the proposed plan, the Center for Food Safety and Applied Nutrition and the Office of Food Policy and Response will be combined.
U.S. Food and Drug Administration (FDA) Commissioner Dr. Robert Califf announced changes to the agency's food safety program following a review that found the agency's current program lacks clear leadership. The changes include establishment of a deputy commissioner for human foods, who will report directly to the commissioner and will lead a human foods program. Under the proposed plan, the Center for Food Safety and Applied Nutrition and the Office of Food Policy and Response will be combined.
FWS Announces ESA Listing Status for Rare Butterfly
The U.S. Fish & Wildlife Service (FWS) announced it is listing the Sacramento Mountains checkerspot butterfly as an endangered species under the Endangered Species Act. The rule is effective March 2, 2023.
The U.S. Fish & Wildlife Service (FWS) announced it is listing the Sacramento Mountains checkerspot butterfly as an endangered species under the Endangered Species Act. The rule is effective March 2, 2023.
FWS Announced that it is Reopening Public Comment Period on Proposed Delisting of the Puerto Rican Boa
The U.S. Fish & Wildlife Service (FWS) announced it is reopening the public comment period on its proposal to remove the Puerto Rican boa from the Federal List of Endangered and Threatened Wildlife. FWS will accept public comments through March 2, 2023, and is holding a public hearing on February 16, 2023, via Zoom.
The U.S. Fish & Wildlife Service (FWS) announced it is reopening the public comment period on its proposal to remove the Puerto Rican boa from the Federal List of Endangered and Threatened Wildlife. FWS will accept public comments through March 2, 2023, and is holding a public hearing on February 16, 2023, via Zoom.
U.S. Seeks Panel Hearing on Canadian Dairy Import Quota System
The United States called [pdf attached: panel request] for a panel to weigh its grievances against Canada's dairy import quota system after a previous panel ruling and two rounds of consultations failed to spur more favorable treatment of U.S. producers by Ottawa. According to the latest panel request, Canada's tariff rate quota system still violates the United States-Mexico-Canada Agreement by cutting off access to its market for certain types of U.S. companies seeking to import dairy products, including retailers and food service operators.
The United States called [pdf attached: panel request] for a panel to weigh its grievances against Canada's dairy import quota system after a previous panel ruling and two rounds of consultations failed to spur more favorable treatment of U.S. producers by Ottawa. According to the latest panel request, Canada's tariff rate quota system still violates the United States-Mexico-Canada Agreement by cutting off access to its market for certain types of U.S. companies seeking to import dairy products, including retailers and food service operators.
EPA Blocks Plan for Construction of a Mine in Alaskan Wilderness
The U.S. Environmental Protection Agency (EPA) effectively blocked [pdf attached: EPA Final Determination] Pebble LP's proposed copper-gold-molybdenum mine construction in Alaska, finding the project would cause unacceptable harm to salmon and other wildlife in the area. The EPA used its power under the Clean Water Act to prohibit waste discharges into waters at the proposed Bristol Bay mine site and restrict discharges in a much larger area around the site, effectively rendering the project impossible.
The U.S. Environmental Protection Agency (EPA) effectively blocked [pdf attached: EPA Final Determination] Pebble LP's proposed copper-gold-molybdenum mine construction in Alaska, finding the project would cause unacceptable harm to salmon and other wildlife in the area. The EPA used its power under the Clean Water Act to prohibit waste discharges into waters at the proposed Bristol Bay mine site and restrict discharges in a much larger area around the site, effectively rendering the project impossible.
FWS One Step Closer to Delisting Two Distinct Grizzly Bear Populations
The U.S. Fish & Wildlife Service (FWS) announced its preliminary findings that delisting grizzly bears in the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE) may be warranted and is commencing a comprehensive 12-month status review. FWS is soliciting scientific, commercial, and other data relating to the NCDE and GYE distinct populations of grizzly bears that it should consider in formulating its final determination. The Montana legislature already is considering a bill that would allow trophy hunting of grizzly bears if FWS finalizes the delisting proposal.
The U.S. Fish & Wildlife Service (FWS) announced its preliminary findings that delisting grizzly bears in the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE) may be warranted and is commencing a comprehensive 12-month status review. FWS is soliciting scientific, commercial, and other data relating to the NCDE and GYE distinct populations of grizzly bears that it should consider in formulating its final determination. The Montana legislature already is considering a bill that would allow trophy hunting of grizzly bears if FWS finalizes the delisting proposal.
Other Updates
Food and Water Watch Report Alleges that U.S. Policy Has Decimated Small Dairy Farms and Boosted Corporate Monopolies
Food and Water Watch (FWW) released a report which explains the factors that have caused rapid consolidation and monopolization in the dairy industry. FWW reports that 83% of U.S. milk production is controlled by three cooperatives: Land O’ Lakes, DFA, and California Dairies, Inc. and alleges that industrial dairy monopolies have forced most small farms to shut down with significant climate change implications.
Food and Water Watch (FWW) released a report which explains the factors that have caused rapid consolidation and monopolization in the dairy industry. FWW reports that 83% of U.S. milk production is controlled by three cooperatives: Land O’ Lakes, DFA, and California Dairies, Inc. and alleges that industrial dairy monopolies have forced most small farms to shut down with significant climate change implications.
ABA Passes Resolution Calling on UN to Adopt Protocol to Combat Wildlife Crimes
The American Bar Association (ABA) House of Delegates passed Resolution 508 at its mid-year meeting in New Orleans. The resolution urges parties to the United Nations (UN) Convention against Transnational Organized Crime to adopt a “wildlife crime protocol” that would define wildlife crime and identify measures they could take to strengthen their domestic laws around this crime, and to identify measures that could improve global cooperation efforts to combat wildlife crimes. The resolution was submitted by the ABA International Law Section.
The American Bar Association (ABA) House of Delegates passed Resolution 508 at its mid-year meeting in New Orleans. The resolution urges parties to the United Nations (UN) Convention against Transnational Organized Crime to adopt a “wildlife crime protocol” that would define wildlife crime and identify measures they could take to strengthen their domestic laws around this crime, and to identify measures that could improve global cooperation efforts to combat wildlife crimes. The resolution was submitted by the ABA International Law Section.
ABA Passes Resolution Calling on Congress and USDA to Provide Disaster Preparedness Training and Guidance for Animal Producers
The American Bar Association (ABA) House of Delegates passed Resolution 509 at its mid-year meeting in New Orleans. The resolution urges “Congress and the United States Department of Agriculture (USDA) to incentivize the safeguarding of the environment, human health, food safety, animal welfare, and farmers by providing natural disaster preparedness training and guidance to farmers and other animal producers who seek federal government payments including, but not limited to, those through the Livestock Indemnity Program.” The resolution was submitted by the ABA Tort Trial & Insurance Practice Section and marks the first time the ABA has adopted a resolution related to farmed animals.
The American Bar Association (ABA) House of Delegates passed Resolution 509 at its mid-year meeting in New Orleans. The resolution urges “Congress and the United States Department of Agriculture (USDA) to incentivize the safeguarding of the environment, human health, food safety, animal welfare, and farmers by providing natural disaster preparedness training and guidance to farmers and other animal producers who seek federal government payments including, but not limited to, those through the Livestock Indemnity Program.” The resolution was submitted by the ABA Tort Trial & Insurance Practice Section and marks the first time the ABA has adopted a resolution related to farmed animals.
International Updates
France’s National Assembly Passes Bill to Ban Certain Collars for Dogs and Cats
France’s National Assembly approved a bill to prohibit the use and sale of electric training collars, certain choke collars, and pointed collars for cats and dogs. The bill establishes penalties of up to €15,000. Before being enforceable, the French Senate must ratify the bill. Austria, Belgium, Denmark, the UK, Germany, Slovenia, Sweden, and Switzerland already have banned pet training collars.
France’s National Assembly approved a bill to prohibit the use and sale of electric training collars, certain choke collars, and pointed collars for cats and dogs. The bill establishes penalties of up to €15,000. Before being enforceable, the French Senate must ratify the bill. Austria, Belgium, Denmark, the UK, Germany, Slovenia, Sweden, and Switzerland already have banned pet training collars.
South Korea National Assembly Considers Bill to Advance Animal-Free Testing Methods
A petition with 66,000 signatures was submitted to South Korea’s National Assembly urging passage of the Act on the Promotion of Development, Dissemination and Use of Alternatives to Animal Testing Methods. According to a recent survey, 81.6% of South Koreans expressed support for the legislation’s promotion of animal-free research alternatives. And estimated 4.8 million animals are used for testing annually in South Korea.
A petition with 66,000 signatures was submitted to South Korea’s National Assembly urging passage of the Act on the Promotion of Development, Dissemination and Use of Alternatives to Animal Testing Methods. According to a recent survey, 81.6% of South Koreans expressed support for the legislation’s promotion of animal-free research alternatives. And estimated 4.8 million animals are used for testing annually in South Korea.